Criminal Justice System Of Western Xia

Xixia is established by the Northwest Minority ethnic characteristics of the party items. After the party family move into Central Plains, it lived within the regime in the Tang Dynasty. Therefore, all aspects of the Western Xia Dynasty are impacted by the Tang Dynasty, with the Central Plains characteristics. After the founding of the Western Xia, Xia has developed its first law, called"Laws and Regulations of Tiansheng Era"in its history, due to the impact of the Tang Dynasty, the Western Xia Law also inherited the " tanglvshuyi." However, does Western Xia not blindly copy Tang, but copying based on the characteristics of ethnic minorities, there were some changes between the two laws. Based on the criminal legal systems of the Western Xia, and compared with the Tang Dynasty, the Western Xia criminal justice system can draw its own characteristics, which is the purpose of this writing. This article examines the criminal legal system Tangut legislative thinking, criminal types and charges, the principle of legislation, and then compared with the " tanglvshuyi " and to arrive at the characteristics of the Western Xia criminal justice system, while from the basic of the law's characteristics, the writer give a brief analysis of the reasons.This paper is divided into four parts. The first part discusses the criminal legal system Tangut history. Will highlight the criminal legal system is the Western Xia inherited and developed the Tang Dynasty.The second part discusses the criminal justice system of the Western Xia . It's discussed in three aspects ,respectively is Thoughts from the legislation, criminal types and charges, the principle of legislation . Xixia legislation and legislative principles are deeply influence by the ideological and filial piety of Confucianism, hierarchy, family and other ethical systems thinking, under the influence of this thinking the ultimate goal of criminal law in Western Xia is still to protect the interests of the ruling class and the inviolability of the parent's status. Criminal charges for the species and the Western Xia and Tang somewhat relative changes, but basically the same overall.The third part discusses the Xixia criminal justice system's character --- compared to the criminal justice system character of " tanglvshuyi ". Because the impact by Tang's culture , so the Western Xia Laws would like the twin brother of the Tang Code. In addition, the Western Xia is impact by Confucian thought like Tang, the criminal legal system, there have been consistent with their development of new features. Xixia has the harsh criminal punishment, while in Tang is not, reflecting the characteristics of the Western Xia ethnic warrior. Xixia's law is the same as Tang Code and the main part is the criminal law, but the civil and administrative law also exist independently , only appeared in three cross-zones.The fourth part discusses the reasons why these characteristics of the criminal justice system appear in Xixia. From the Western Xia of the political, economic, cultural three aspects were demonstrated. First of all, political reasons, the outside conflicts, the rulers in order to maintain their rule, the interests of the ruling class and ruling class order, so developed a harsh criminal law. Second, the economic reasons. Economic development, making the Western Xia conducted foreign trade, and promote cultural exchanges between the Western Xia and Tang. Finally, cultural reasons. Characteristics of the Western Xia ruler set to show their own " Small text saffron ", but they do a lot of translation of the Confucian classics, Xiao Xia impact on a very profound thought, this is criminal legislation by the Confucian ideology of the underlying causes. Tangut nation's own martial culture, but also makes party items from childhood to develop a sturdy, Jieruchou character. This is also the reason the Western Xia harsh criminal law.